Landlord Can Vacate Default

December 1, 2003

LVT Number: 16991

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case based on landlord's default after landlord's attorney didn't appear for a court date. Landlord asked the court to vacate the default. The court ruled for landlord. Tenant appealed and lost. Landlord's default wasn't willful, and landlord had a valid claim against tenant for $7,600 in back rent. But the appeals court awarded tenant $500 in costs for the delay and inconvenience caused by landlord's default.

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case based on landlord's default after landlord's attorney didn't appear for a court date. Landlord asked the court to vacate the default. The court ruled for landlord. Tenant appealed and lost. Landlord's default wasn't willful, and landlord had a valid claim against tenant for $7,600 in back rent. But the appeals court awarded tenant $500 in costs for the delay and inconvenience caused by landlord's default.

Hudson Overlook LLC v. Kyle: NYLJ, 11/21/03, p. 28, col. 2 (App. T. 1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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